Madras High Court
Remo Educational And Charitable Trust vs The District Collector on 2 February, 2024
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
W.P.No.2407 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.2407 of 2024
REMO EDUCATIONAL AND CHARITABLE TRUST
(A UNIT OF REMO GROUP OF INSTITUTIONS)
REP BY ITS MANAGING TRUSTEE, R.DEEPHA,
REG OFFICE AT NO.5/1, V.P.AKILAN STREET
M.G.R. NAGAR, CHENNAI – 600 018
AND ALSO AT NO.9, GST ROAD, ST.THOMAS ROAD
CHENNAI – 600 016. .. Petitioner
Vs
1 THE DISTRICT COLLECTOR
CHENGALPATTU DISTRICT.
2 THE TAHSILDAR
PALLAVARAM TALUK
CHENGALPATTU DISTRICT.
3 THE REVENUE INSPECTOR
PALLAVARAM TALUK OFFICE
CHENGALPATTU DISTRICT.
4 THE CHIEF EXECUTIVE OFFICER (CEO)
CANTONMENT BOARD ST.THOMAS MOUNT
CHENNAI - 600016.
____________
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https://www.mhc.tn.gov.in/judis
W.P.No.2407 of 2024
5 N.A.SEETHALAKSHMI .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of certiorarified mandamus calling for the
records of the impugned notice dated 5.1.2024 issued by the 2nd
respondent under section 6 of the Land Encroachment act 1905 and
quash the same, consequently forbear the respondents from
interfering the peaceful possession and enjoyment of the property of
the petitioner Educational Institution in S.No. 1356 (part), Door No.
9, G.S.T. Road, St. Thomas Mount, Pallavaram Taluk, Chengelpattu
District.
For the Petitioner : Mr.S.Ramajayam
For the Respondents : Mr.C.Kathiravan
Special Government Pleader
for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.S.Ramajayam, learned counsel for the petitioner; and Mr.C.Kathiravan, learned Special Government Pleader appearing on behalf of respondents 1 to 3.
2. Learned counsel for the petitioner submits that the petitioner has already filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 on 19.1.2024. The same is ____________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2407 of 2024 pending. However, during the pendency, again a fresh notice is issued for disconnection of the electricity supply. The petitioner is running a school. The land is owned by the Cantonment Board. The lessor of the petitioner has purchased the same in e-auction.
3. The petitioner has already filed an appeal before the District Collector. In the light of that, it will be appropriate if the petitioner seeks relief before the District Collector. Under Section 10-B of the Act of 1905, the petitioner has a remedy to file an application for stay.
4. In view of the above, we pass the following order:
(i) The petitioner shall file an application for stay in the pending appeal by Monday, i.e., 5.2.2024.
(ii) If the application is filed by 5.2.2024, then the District Collector shall take a decision with regard to the application of the petitioner for stay within a period of ten days from the date of filing of the application.
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(iii) Till a decision is taken by the Collector on the stay application, further coercive steps may not be taken pursuant to the impugned order.
(iv) The parties shall be governed by the order passed by the District Collector. The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.Nos.2610 and 2608 of 2024 are closed.
(S.V.G., CJ.) (D.B.C., J.)
02.02.2024
Index : No
Neutral Citation : No
sasi
To
1 THE DISTRICT COLLECTOR
CHENGALPATTU DISTRICT.
2 THE TAHSILDAR
PALLAVARAM TALUK
CHENGALPATTU DISTRICT.
3 THE REVENUE INSPECTOR
PALLAVARAM TALUK OFFICE
CHENGALPATTU DISTRICT.
4 THE CHIEF EXECUTIVE OFFICER (CEO)
____________
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https://www.mhc.tn.gov.in/judis W.P.No.2407 of 2024 CANTONMENT BOARD ST.THOMAS MOUNT CHENNAI - 600016.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) W.P.No.2407 of 2024 ____________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2407 of 2024 02.02.2024 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis